Civil Rights

公民权利
  • 文章类型: Journal Article
    背景技术智障人士在刑事司法系统中的比例过高。《联合国残疾人权利公约》(UNCRPD)规定了残疾人平等诉诸司法的权利(UNCRPD第13条)。无障碍信息是行使这一权利的一个关键方面。然而,许多司法管辖区,包括爱尔兰,尚未为可能被捕的残疾人提供可访问的信息。本文旨在描述通过多学科的合作发展,并倡导为爱尔兰警方拘留的智障人士提供可访问(易读)权利通知(ERNR)的共识。方法由爱尔兰的智障人士代表组织制定的指南和国际惯例的例子被用于由主要研究人员与智障人士代表组织的专家合作制定ERNR草案。此后,通过两个焦点小组制定了ERNR,以期达成共识,重点是可访问性,精度和布局。这包括一个多学科焦点小组,参与者来自一个智障人士代表组织,心理学,言语和语言治疗,警察部队,公共卫生,法医精神病学,心理健康,法律和,随后,一群有智力残疾经历的人。结果ERNR的逐步发展导致文本准确性的逐步提高以及更易于访问的语言和图像的纳入。原创性/价值这是第一次尝试开发一份易于阅读的文件,涉及爱尔兰警方拘留的嫌疑人的合法权利,因此,这种程序创新有望提供帮助,不仅仅是智障人士,还有那些在被捕时识字能力有限的人。编写文件时使用的方法,聘请焦点小组在多个学科和智障人士的参与下达成共识,这与联合国民主与发展委员会的精神是一致的。已批准《公约》但尚未制定适用于国内法规定的被逮捕者的法律权利和应享权利的其他成员国可能会采用这种方法。
    Background People with intellectual disabilities are over-represented in the criminal justice system. The United Nations\' Convention on the Rights of Persons with Disabilities (UNCRPD) enshrines a right to equal access to justice for persons with disabilities (Article 13, UNCRPD). Accessible information is a key aspect of exercising this right. Yet, many jurisdictions, including Ireland, are yet to develop accessible information for disabled people who may be arrested. Aims This paper describes the collaborative development through multidisciplinary and advocate consensus of an accessible (Easy -to- Read) Notice of Rights (ERNR) for people with intellectual disabilities in police custody in Ireland. Methods Guidelines developed by Ireland\'s representative organisation for people with intellectual disabilities and examples of international practice were used to develop a draft ERNR by the primary researcher in partnership with an expert from a representative organisation for people with intellectual disabilities. The ERNR was developed thereafter through two focus groups with a view to achieving consensus with a focus on accessibility, accuracy and layout. This included a multidisciplinary focus group with participants from a representative organisation for people with intellectual disabilities, psychology, speech and language therapy, the police force, public health, forensic psychiatry, mental health, law and, subsequently, a focus group of people with lived experience of intellectual disability. Results Progressive development of the ERNR resulted in incremental improvements in textual accuracy as well as the inclusion of more accessible language and imagery. Originality/value This is the first attempt at developing an easy-to-read document relating to the legal rights of suspects in police custody in Ireland and, accordingly, this procedural innovation promises to assist, not just persons with intellectual disabilities, but also those with limited literacy at the point of arrest. The methodology used in the preparation of the document, employing a focus group to achieve consensus with participation from both multiple disciplines and persons with an intellectual disability, is in harmony with the ethos of the UNCPRD. This methodology may usefully be employed by other member states that have ratified the Convention but have yet to develop accessible version of the legal rights and entitlements that extend to arrested persons under their domestic law.
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  • 文章类型: Journal Article
    Epilepsy is a chronic neurological disorder which affects not only the health of the affected child, but also has an economic, psychological and emotional impact on the family as a whole. In the transition from Person with Disability (PWD) act (1995) to Rights of Persons with Disabilities act (RPWD act) (2016), which covers all aspects of life of a person with any disability, epilepsy has been excluded from the list of disorders, resulting in a loss of many of the benefits that were earlier available to persons with epilepsy, causing concern to all caregivers of persons with epilepsy. Additionally, physicians/ pediatricians/ neurologists are not really aware of the benefits that are available to persons with epilepsy, especially children. To address these issues, an expert group meeting of pediatric neurologists and epileptologists in India along with social workers/epilepsy educators legal experts, parents, and teachers was held. The implication of epilepsy being dropped as a disability, was discussed, and most of the experts concurred that epilepsy should be considered as a disability, depending of the type of seizures or the epilepsy syndrome. Also, the current status of income tax benefits, child care benefits, travel concession, schooling and health insurance for children with epilepsy in India were also discussed. The importance of creating awareness on these issues was stressed on. Here authors present the group consensus statement on these legal and social aspects about the care of children with epilepsy.
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  • 文章类型: Journal Article
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  • 文章类型: Journal Article
    目的:2008年《美国残疾人法修正案》(ADAAA)导致了对残疾的法律定义的更改,并极大地影响了语音障碍患者如何获得法律规定的合理便利。然而,在语音文学中,很少有指导和缺乏对这些变化的认识。本文考察了1990年美国残疾人法案(ADA),2008年的变化(ADAAA),以及法律如何适用于患有语音障碍的个人。
    方法:这是一篇评论文章。
    方法:总结了ADA和ADAAA,特别关注语音障碍患者。建议在工作场所内合理住宿的类型,并提供了概述披露和住宿过程的在线资源。实际例子用于为可能参与咨询该临床人群的临床医生提供指导。
    结论:许多患有语音障碍的人可能没有意识到,根据法律,他们的状况可以被归类为残疾,使他们有权在工作场所住宿和休假以寻求医疗。然而,披露法律,如在工作面试中不提及残疾的权利,可能并不能保护严重语音障碍的个人,症状往往难以掩盖。讨论了临床意义和未来研究的方向。
    OBJECTIVE: The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) resulted in changes to the legal definition of disability and substantially affected how those with voice disorders may qualify for reasonable accommodations under the law. However, there has been little guidance and a lack of awareness about these changes within the voice literature. This article examines the Americans with Disabilities Act of 1990 (ADA), the changes made in 2008 (ADAAA), and how the law applies to individuals with voice disorders.
    METHODS: This is a review article.
    METHODS: The ADA and ADAAA are summarized with a particular focus on individuals with voice disorders. Types of reasonable accommodations within the workplace are suggested, and online resources are provided which outline the disclosure and accommodation process. Practical examples are used to provide guidance for clinicians who may be involved in counseling this clinical population.
    CONCLUSIONS: Many individuals with voice disorders may not realize that their conditions can be classified as disabilities under the law, entitling them to workplace accommodations and time off to pursue medical treatment. However, disclosure laws such as the right to refrain from mentioning a disability during a job interview may not be protective of individuals with severe voice impairments, as symptoms are often difficult to conceal. Clinical implications and directions for future research are discussed.
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  • 文章类型: Letter
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  • 文章类型: Journal Article
    Because of the importance of including ethical considerations in planning efforts for pandemic influenza, in February 2005 the Centers for Disease Control and Prevention requested that the Ethics Subcommittee of the Advisory Committee to the Director develop guidance that would serve as a foundation for decision making in preparing for and responding to pandemic influenza. Specifically, the ethics subcommittee was asked to make recommendations regarding ethical considerations relevant to decision making about vaccine and antiviral drug distribution prioritization and development of interventions that would limit individual freedom and create social distancing. The ethics subcommittee identified a number of general ethical considerations including identification of clear goals for pandemic planning, responsibility to maximize preparedness, transparency and public engagement, sound science, commitment to the global community, balancing individual liberty and community interests, diversity in ethical decision making, and commitment to justice. These general ethical considerations are applied to the issues of vaccine and antiviral drug distribution and use of community mitigation interventions.
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  • 文章类型: Journal Article
    本文调查了挪威报纸上关于同性恋夫妇收养孩子的权利的辩论(1998-2002年)。它确定了两种意义模式,即辩论的反收养和亲收养双方都位于其中:1)以核心家庭为参考点;2)注重先天素质。与挪威的性行为不断自由化平行,我们似乎在辩论的双方都看到了挪威对异性恋的共识,这是公开讨论同性恋和收养的基本公理。在这篇文章中,我们探讨异形规范论点的性质以及它们在这场特殊辩论中出现的原因。这两种含义模式再现了男女同性恋者是有价值或不值得的少数群体的看法。这些发现可以被视为反映了挪威现代化项目的基本立场,辩论双方都将同性恋视为中心象征。国家女权主义也可能起到了加强性别类别的作用,从而成为当代异形规范可能性的重要条件。
    This article investigates the Norwegian newspaper debate (1998-2002) on the right of homosexual couples to adopt children. It identifies two patterns of meaning within which both anti-adoption and pro-adoption sides of the debate were located: 1) the nuclear family as reference point; and 2) a focus on innate qualities. Parallell to a continuous liberalization of sexualities in Norway we seem to witness a consensus on heteronormativity in Norway on both sides of the debate as the basic axiom in public discussions on homosexuality and adoption. In this article, we explore the nature of the heteronormative arguments and the reason for their appearance in this particular debate. The two patterns of meaning reproduce a perception of lesbians and gays as either a worthy or unworthy minority. These findings may be seen as reflecting fundamental positions regarding the Norwegian modernization project, where both sides of the debate see homosexuality as a central symbol. State feminism may also have played the role of reinforcing gender categories and thereby served as an important condition of possibility for contemporary heteronormativity.
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    文章类型: Journal Article
    Contemporary disability law takes into account the insight that physical and mental conditions need not be disabling but for the environmental and attitudinal barriers that keep people with disabilities from social participation on a plane of equality with others. The need to use a wheelchair does not disable except for curbs and stairs, and many mental conditions do not disable except for social attitudes. The \"AAPL Guideline for Forensic Evaluation of Psychiatric Disabilities\" is a refreshing departure from writings that approach disability from a perspective that focuses on nothing but medical considerations and the study of how individuals are defective compared with established norms. The Guideline stresses the process of examination and list important legal considerations for examiners to apply. But the Guideline does not show any awareness of a model of disability other than a medical one that classifies individuals by defect. Psychiatrists would do well to consider the role of social barriers when using the Guideline in making disability-related examinations.
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    文章类型: Journal Article
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    文章类型: Newspaper Article
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